Once you have contacted me (either via the NCA Matching Service (victim and witness work) or directly by email, I will call you to find out a bit about the work involved and the vulnerabilities of the person involved. I will ask to see any reports which are relevant to their communication profile and I may ask to speak with someone who knows the person well enough to tell me about their communication strengths and weaknesses. I also ask about their likes and dislikes so I can tailor the assessment to the person. I will ask you to make sure you have the written consent from the person, or if they are under 18 from the parent/person responsible for them
If possible, I will make contact with the vulnerable person to introduce myself and inform them that I will be meeting them soon. Then, I will meet with them to assess their communication skills, including what they can express, what they understand, and their social communication. This assessment is mainly informal. For children, I have activities like gardening-themed discussions, arts and crafts, colouring based on favourite TV shows, and play dough. For both adults and children, I use visual aids called 'Talking Mats' as an icebreaker to gauge how they communicate.
I also evaluate their levels of suggestibility and acquiescence, how they react to different speeds and tones of conversation, and identify any strategies that can help them manage their emotions or anxiety in court. This helps ensure that their communication centers remain active. For example, one witness benefited from having a therapy dog present during his testimony, which helped him avoid a panic attack and provided clear and complete responses throughout cross-examination. Trauma-informed practice is essential in our work. Some people prefer to engage in functional tasks, like colouring, to help them focus, while others find fidget tools helpful for self-regulation.
I prepare a report for the court or tribunal (or the police if they need help during a witness or suspect interview) outlining my findings and recommendations for special measures to assist the individual in communicating and participating effectively.
An intermediary may not always be necessary — either because the person cannot communicate even with support, or because they are capable enough to manage without my assistance. If intermediary support is required, I will inform you along with my recommendations for enhancing their communication.
The courts are required to take 'every reasonable step' to ensure effective participation. You often contact me because you have concerns about the individual’s ability to communicate, and your concerns are usually valid.
My assessment and report will also address how anxiety and past trauma can impact communication during court proceedings or police interviews. Discussing distressing topics may trigger trauma responses, such as fight, flight, or freeze, which need to be managed in a court setting.
I will discuss with you whether a pre-trial court familiarisation visit is advisable and whether the vulnerable person should review their written or video-recorded evidence before the hearing. In some cases, it may help if the intermediary sits with them to review and simplify other witness statements before they give their evidence. We can also clarify the content with the vulnerable person and work on visual aids, such as timelines, to help them follow the evidence during the hearing.
In other instances, it's essential to spend time with the instructing solicitor, Counsel, and the vulnerable person to explain key legal concepts simply. This includes jurisdictional issues, giving evidence in criminal cases, understanding childcare proceedings, and discussing the chances of success, thresholds, joint enterprise, sentencing issues, and no comment interviews. Handling this well in advance can save significant court time.
Finally, I will meet with the advocates and the Judge to discuss the recommendations in my report during a 'Ground Rules Hearing.' Once the Judge sets the rules for effective communication, the intermediary ensures compliance and reminds the court of these rules if necessary. I also focus on assisting in court by simplifying language, reframing questions for the vulnerable person, and making sure every reasonable step is taken to facilitate communication. Intermediaries work for the court to ensure clear communication between the advocates, the Judge, and the vulnerable person, enabling them to follow the process, instruct their lawyers, and give their evidence in a way that suits them.